[Avodah] Misayei'a L'Dvar Aveira - cashier situation

[Samuel Svarc]

> From: Zev Sero <zev at sero.name>
> 
> I'm not sure I understand the problem.  The customer took the product
> from the shelf himself.  The cashier is not giving it to him, all he's
> doing is making him pay for it.  I'm not sure how that's mesayea` to
> the eventual act of eating it.  It's not true that the customer couldn't
> eat it without paying; just as he's capable of eating treif he's also
> capable of stealing.  That he doesn't want to steal is to his credit,
> and by charging him the cashier helps him avoid the avera of stealing;
> what's wrong with that?

While I agree with RZS's conclusion (for the reasons given by RDB), I don't
understand his sevara. I don't agree that someone who buys treif would steal
and furthermore the halacha doesn't agree. From the very fact that if this
is the only place where it's available halacha says it's prohibited to sell
it proves conclusively that we don't assume that it will be stolen. Where
that to be a valid consideration there can never be a case where one is
prohibited from selling something; we will always say that the person
interested in buying the object has another way to obtain it, he could steal
this object.

KT,
MSS